Search Results

1. Ali v Wang [2015] NZIACDT 2 (22 January 2015) [pdf, 256 KB]

   ...Determining the value of professional work, and negotiating what is to be paid requires knowledge and experience in immigration, and assists with an immigration matter. [41] The purpose of the Act is set out in section 3, and it includes promoting and protecting the interests of consumers receiving immigration advice. Abusive practices in relation to fees were certainly among the concerns the Act was intended to meet. Some confirmation licensed immigration advisers are responsible for...

2. Burrows & Anor v CAC20002 & Ors [2015] NZREADT 17 [pdf, 248 KB]

   ...the complainants. The contract clause in question reads: “Access to Windermere weekend of 28/29 April time to suit both vendor & purchaser for about a two hour period”. The Committee’s Decision of 28 November 2013 [9] The Committee carefully reviewed the evidence and issues ‘on the papers’, in terms of the Real Estate Agents Act 2008, and held that no further action be taken against the licensees with regard to their three complaints. Complaint One: Allegation that...

3. [2020] NZREADT 37 - Eade v Real Estate Agents Authority (25 August 2020) [pdf, 335 KB]

   ...brochure for Hereford included the following statements: Apartments Live-in building manager & concierge Security Amenities Hereford Residences facilities include an infinity pool gymnasium and recreational deck. All of which have been carefully conceived for elegant living. Stroll through impeccably maintained Zen gardens. Escape for a while in the in-house library or theatre room. Entertain with ease and style in beautiful residential facilities that are yours to...

4. AG v ZQ LCRO 204/2011 (14 February 2014) [pdf, 102 KB]

   ...Complainant provided more information relating to the various matters identified in his original complaint letter. [13] The purposes of the Lawyers and Conveyancers Act 2006 is to maintain confidence in the provision of legal services and to protect consumers of legal services. The preliminary task for this review was to examine whether the information now provided by the Complainant disclosed conduct that would justify returning the matter to the Standards Committee for enquiry....

5. CAC v Hughes and Hape, CAC v Hughes and Lal [2016] NZREADT 57 [pdf, 336 KB]

   ...of Sentencing [22] The Tribunal must consider four matters when considering imposition of a penalty as set out in Real Estate Agents Authority v Lum-on [2012] NZREADT 47. [23] A penalty must fulfil the following functions. They are: [a] Protecting the public Section 3 of the Real Estate Agents Act provides that this is one of the purposes of the Act. [b] Maintenance of professional standards This was emphasised in Taylor v The General Medical Council and Dentice...

6. Complaints Assessment Committee (CAC 409) v Cartwright [2018] NZREADT 25 [pdf, 264 KB]

   ...4 Section 3(1) of the Act. 5 Section 3(2). [13] Penalties for misconduct and unsatisfactory conduct are determined bearing in mind the need to maintain a high standard of conduct in the industry, the need for consumer protection, maintenance of confidence in the industry, and deterrence. [14] A penalty should be appropriate for the particular nature of the misbehaviour, and the Tribunal should endeavour to maintain consistency in penalties imposed for simil...

7. The Registrar of Immigration Advisers v Niland [2018] NZIACDT 52 (21 December 2018) [pdf, 262 KB]

   ...admitted by her and she has ceased operating in this way. [3] The essential issue to consider is whether Ms Niland set up a business practice to deliberately circumvent her professional obligations or whether, as her counsel contends, she was careless in permitting staff of the company to perform immigration services which only a licensed adviser can undertake. BACKGROUND [4] Ms Niland is a licensed immigration adviser. Her company is Visas NZ Ltd. She is based in New Zealan...

8. Lethbridge v The Real Estate Agents Authority (CAC 403) & Fenton, Fenton v The Real Estate Agents Authority (CAC 403) & Lethbridge [2018] NZREADT 58 [pdf, 506 KB]

   ...had in fact been initialled by the vendor, Mr Fenton. While the Committee found that two copies of the Agreement had been initialled by Mr Fenton, it still considered that the practices adopted by Ms Lethbridge had been characterised by a lack of care.1 The Committee expressed the view that the breach that occurred amounted to conduct in breach of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules) “at a very low level”. A fine of $1500 was i...

9. LCRO 130/2021 TF v SM (8 May 2025) [pdf, 276 KB]

   ...doubled at that point. [28] Also in May 2018, the liquidator advised the applicant that she had suffered a major medical event requiring emergency surgery, that she was taking leave of absence to convalesce and that the respondent would “take care of the liquidation” in her absence. [29] In July 2018, the respondent advised the applicant by email that another company (Company D) had expressed interest in buying the land. The respondent set out his view of the essential lega...

10. [2019] NZEmpC 34 Emmerson v Northland District Health Board [pdf, 908 KB]

    ...Background Overview of facts [3] Dr Lynda Emmerson1 worked as a junior doctor for the Northland District Health Board (NDHB) from 2012 until 2015. For much of this time, she worked on the Tumanako Inpatient Unit (the Unit). It provided mental health care for adult inpatients, at Whangarei Hospital. [4] Dr Emmerson did well on the whole as a house officer when working in the Unit in 2014. On becoming a registrar in the same Unit in December 2014, problems arose. [5] First,...